Legal Question in Military Law in Oregon

Divorce papers sent to US Soldier in Iraq

US Soldier was sent divorce papers who is currently serving in Iraq and was given 20 days to respond with Lawyer or it would be final. Since he is in the middle of a war is there any military active law that could stop this until he gets back to the states. Please help.


Asked on 7/15/08, 10:36 pm

1 Answer from Attorneys
William J. Holmes Attorney at Military Law

Re: Divorce papers sent to US Soldier in Iraq

Yes, federal law prevents a court from taking any action when the defendant is on active duty and unable to attend the court as a result of his military duties. It is called the Servicemembers Civil Relief Act. Have him write a letter to the court stating that he is in Iraq and unable to attend the court date. The court should put everything on hold until he returns. If you can, try also to get a letter from his command stating that the unit is deployed overseas and that he is unable to leave for court. These should be sufficient to put everything on hold until he gets back and can go to court to deal with this.

Please feel free to contact me if you have any additional questions

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Answered on 7/16/08, 1:20 pm


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